First Principles of Business Law

3. Compensatory damages for wrongful death

3.2.3. A deceased person's rights of action for wrongful death

Read the facts below and then answer the question.

A is married to B. They have three children. A's income supports the entire family. One day A is seriously injured in an accident caused by C's negligence. A is taken to hospital and given intensive medical treatment, but three weeks later dies as a result of the injuries received in the accident.

Which of the alternatives below correctly reflects current Australian law?

(a) Since A has died, the rights of action he or his dependants may have had against C are extinguished and, as a result, neither the administrator of A's estate nor his dependants can bring an action in tort against C for compensatory damages.

(b) Although, at common law, personal rights of action are extinguished by death, legislation in Australia makes provision for the survival of the deceased's rights, for the benefit of the heirs.